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HomeMy WebLinkAbout19941121_regular123 MINUTES OF THE REGULAR BEETILOG OF THE ED= CITY COllNCIL HELD AT CITY HALL NOVEMBKR 21. 1994 ROILCAU Answering rollcall were Members Paulus, Rice, Smith and Mayor Richards. Member Kelly entered the meeting at 7:02 P.M. after adoption of the Consent Agenda. CONSENT AGENDA ITEMS APPROVED Member Smith to approve and adopt the Council Consent Agenda items as presented. Motion was made by Member Rice and vas seconded by Rollcall : Ayes: Paulus, Rice, Smith, Richards Motion carried. PUBTJC HEARING CONDUCTED: TREE TRIMMING PROJECT NO. TI!-95 APPROVED FOR SOUTHEAST AREA OF CITY file . Affidavits of Notice were presented, approved and ordered placed on Presentation bv Park Director Director Keprios advised that, basically, the City is on a six year trimming plan for the approximately 11,000 boulevard trees in Edina. tree trimming project would propose to trim boulevard trees in the southeast part of Edina comprising an area bounded by Highway 100 on the west, Golf Terrace and West 54th Street on the north, the eastern City boundary line on the east and the southern City boundary line on the south. 1,122 trees to be trimmed with size and cost as follows: He explained that the In this area there are approximately 607 trees 12 inches and under in diameter at breast height (dhb) $ 5,390.16 515 trees over 12 inches in diameter at breast height (dhb) 24.916.00 Total Tree Trimming Contract $30,316.16 Plus clerical/administrative fees (12% of total) 3.637.94 TOTAL PROJECT COST $33,954.10 Recommended assessment for clerical/administrative costs on a per tree basis (assuming 1,122 trees) is $3.24 per tree. - Examples of costs per tree: Size Tree Cos t/Inch Trimming. Cost Admin. Fee Total 10" tree $1.11 $11.10 $3.24 $14.34 14" tree 2.42 . 33.88 3.24 37.12 Public Comment Jim Grotz, 5513 Park Place, asked if trees due for trimming would be on a master list again as in the past. Director Keprios responded that residents could inquire with the Park and Recreation Department if their tree(s) were listed for trimming. already been done, the Park Department should be given that information and no assessment would be done. If residents were intending to do the trimming themselves or if it had Ruth Plotnicky, 5525 Kellogg Avenue, objected to the assessment cost and stated she felt this cost should be paid for by general taxation because everyone in the area benefits. Mayor Richards commented that the City's tree trimming program has been in existence since 1983, based upon this format. Councils in the past have believed this to be an honest way of handling the costs, i.e. assessing those who have boulevard trees on their property rather than funding this through the City's General Fund. 11/21/94 1 2 4Member Smith introduced the following resolution and moved adoption: RESOLUTION ORD-G TREE TRIMHIHG PROJECT TT-95 BE IT RESOLVED by the Council of the City of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published and mailed to owners of each prrrcelvithh the area proposed to be assessed on the following proposed project : and at the hearing held at the time and place specified in said notice, the Council has duly considered the vievs of all persons interested, and being fully adxlsed of the pertinent facts, does hereby determine to proceed with said project including all proceedings vhich may be necessary in eminent domain for the acquisition of necessary easements and rights for the project: that said project is hereby designated and shall be referred to in all subsequent proceedings as: TBE TBIMWG PROJECT NO. TT-95, and the area to be specifically assessed therefore shall include an area bounded by Highvay 100 on the vest, Golf Terrace and 54th Street on the north, eastern Cie boundary line on the east, and the southern City boundary line on the south. Motion was seconded by Member Rice. Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. TREE TRIMMING PROJECT NO. Rf-95 - ORDINANCE NO. 1994-9 - AMENDING SECTION 605 OF TEE CITY CODE M PROVIDE UPDA!CES To VARIOUS FIRE CODES - ADOPTED ON SECOND READIJ!?G Fire Chief Paulfranz reminded Council that at its meeting of November 7, 1994, the Council gave First Reading to Ordinance No. 1994-9 - an Ordinance Amending Section 605 of the City Code to Provide Updates to Various Fire Codes. ordinance. Staff would recommend adoption of the No public comment or objections were heard. I Member smith introduced the following resolution and moved adoption: ORDINANCE NO. 1994-9 AN ORDINANCE AMENDING SECTION 605 OF THE CITY CODE TO PROVIDE UPDATES TO VARIOUS FIRE CODES TEIE CITY COUNCIL OF THE CITY OF EDINA ORDAINS: Code is amended to read as follows: Section 1. "Subd. 1 Minnesota Uniform Fire Code. The Minnesota Uniform Fire Code promulgated by the State Department of Public Safety as published in Minnesota Rules, Minnesota Statutes 1993 (299F.011) Parts 7510.3290 through 7510.3480 with the changes and omissions as set forth in this Section." Section 2. Subd. 2 of Subsection 605.01 of Section 605 of the City Code is "Subd. 2 Uniform Fire Code. The 1991 Edition of the Uniform Fire Code promulgated by the International Conference of Building Officials and the Western Fire Chiefs Association (the YJFCI'), with the changes and omissions as set forth in this Section and in the MUFC.l* Section 3. "Subd. 3 Appendices. The following appendices of the UFC are adopted as part of this Code: 11-D, 11-E, 11-G, IV-B and VI-A." Section 4. %ubd. 1 Article 4. Article 4 llPermitsll of UFC is included in its entirety with the following change: Subdivision 1 of Subsection 605.01 of Section 605 of the City - amended to read as follows: Subd. 605.01 of Section 605 of the City Code is amended by adding a new Subd. 3 as follows: Subd. 1 of Subsection 605.02 of Section 605 of the City Code is amended to read as follows: I Section 4.108, 1.1 is amended by changing the last sentence to read as follows: Where a single container or the aggregate of interconnected containers is 500 or more gallons water capacity, the 11/21/94 125 installer shall obtain a permit and plan approval from the Fire Chief. Section 5. Subd. 2 of Subsection 605.02 of Section 605 of the City Code is "Subd. 2 Article 10. Article 10 "Fire Protection of UFC as adopted by MUFC is amended as follows: amended to read as follows: Section 10.501 is amended by adding to it a new subsection reading as follows: (d) Permits. Permits for installation of fire protection systems shall be obtained as provided for in Section 625 of this Code. Section 6. Subd. 3 of Subsection 605.02 of Section 605 of the City Code is "Subd. 3 Article 11. Article 11 "General Precautions Against Fire" of the UFC as adopted by the MUFC is amended as follows: A. Section 11.203 is amended by adding to it new subsections (b) and (c)+ as follows: Section 11.203(b) Open Fires Prohibited. No person shall ignite, cause to be ignited, or maintain an open fire except as permitted in Section 11.203. Section 11.203(c) Certain Open Fires Permitted. An open burning permit in accordance with Section 11.103 may be issued for the following purposes: 1. 2. Abatement of hazards, that, in the opinion of the fire chief, cannot be abated by another reasonable means. 3. Management of vegetation by the jurisdiction, other governmental agencies, or other individual that, in the opinion of the Fire Chief, show a valid need, and under direction of the Fire Department. 4. Special events or ceremonies by recognized organizations, not conforming to Section 11.204 of Appendix 11-G, and under the direction of the Fire Department. B. Subsections (b), (c), (d), (e), (f), (g), and (h) of Section 11.203 are re-lettered (d), (e), (f), (g), (h), (i) and (j) respectively." Section 7. Subd. 3 of Subsection 605.08 of Section 605 is amended to read "Subd. 3 Sign Specifications. Fire lanes established after the effective date of this Code, or existing fire lanes changed after the effective date of this Code, shall be marked by signs, not more than 100 feet apart, bearing the words, "NO PARKING, FIRE LANE, BY ORDER OF THE FIRE CHIEF", with the first and last sign marking the limits of the fire lane. The signs shall have red letters and a red border on a white background, shall be 12 inches by 18 inches in size, and shall otherwise comply with the standards from time to time established by the Fire Chief for such signs." Section 8. amended to read as follows: Instruction and training of firefighting personnel. as follows: This ordinance shall be in full force and effect uponpaysage and publication. ATTEST : City Clerk Motion was seconded by Member Rice. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Ordinance adopted. - Mayor BID AWARDED FOR TRIMMING OF BOULEVARD TBES (Proiect No. TT-95) IN SOUTHEAST AREA OF CITY Member Rice made a motion for avard of bid for Tree Trimming Project No. TT-95 in the southeast area of the City to recommended lm bidder, Precision Tree 1112 1/94 1 2 6Company. at $l.ll/dbh per inch for trees 12 inches and under in diameter and -- - $2.42/dbh per inch for trees over 12 inches in diameter for an approximate total of $30,316.16. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. Motion was seconded by Member Kelly. *AW. OF BID FOR BITUHIXOUS DISTRIBUTOa KM'J3 ByDROS!UTIC DIUVE CONl!lXlJED TO DECEMBER 5. 1994 Motion was made by Member Rice. and was seconded by Member Smith to contiuue the award of bid for a bituminous distributor with hydrostatic drive to the Council Meeting of December 5, 1994. Motion carried on rollcall vote - four ayes. *BID AWARDED FOR 11 FOOT TRACTOR ROTARY MOUER Motion was made by Member Rice and was seconded by Member Smith for award of bid for 11 foot tractor rotary mover to lor bidder, North Star Turf, at $28,411.00 plus sales tax. Motion carried on rollcall vote - four ayes. *BID AWARDED FOR RENTAL OF TRACTOR BACKIXOE Vrra EYDRAUCtC HAMMER Motion was made by Member Rice and was seconded by Member Smith for award of bid for rental of a tractor backhoe with hydraulic hammer to recommended low bidder, Ziegler, Inc., at $12,660.00. Motion carried on rollcall vote - four ayes. *BID AWARDED FOR ENGIBEEECNG COMPUTER WOBKSTATION Motion was made by Member Rice and was seconded by Member Smith for award of bid for a computer worbtation for the Engineer- Department to recommended low bidder, Office Products of Minnesota, at $5,816.06, per Ugis contract. Motion carried on rollcall vote - four ayes. *BID AWARDED FOR BAWING CAGE AT PAHICIA PARK Motion was made by Member Rice and vas seconded by Member Smith for avard of bid for a batting cage at Pamela Park to recommended low bidder, Tennis West/FWey Brothers Enterprises, at $6,673.00. Motion carried on rollcall vote - four ayes. ODOR CO"I!ROL PROJECT SCHEDULE PRESENTE3) BY GOLDEN VALLEY MICROWAVE FOODS Bley, President of Golden Valley Microwave Foods, said that following the directive of the Council at its November 7, 1994, meeting they have developed a project schedule for odor control at their facility located at 7450 Metro Boulevard. control system developed by Rust Environment & Infrastructure: Michael He explained the following stages of the schematic for the odor 1) manufacturing process 2) dry collector (primary function - particulate removal; secondary 3) wet collector (primary function - odor control) 4) outlet. function - odor control) Mr. Bley then presented and explained the components of a project schedule beginning November 21, 1994, (week 1) and extending to March 20, 1995 (week 18) with a March 9, 1995 equipment start-up target. Cost for the odor control project would be approximately $180,000.00. sooner because the equipment must be custom made. thing he intended was to make promises that cannot be fulfilled. Installation cannot be accomplished Mr. Bley said that the last Mayor Richards commented that he believed the residents east and west of Highway 100 have been extremely patient with Golden Valley Microwave Foods. intrusion upon the peace and tranquility of these long established neighborhoods needs to be resolved and it is time for action, not words. The Mr. Bley said he is 11/21/94 127 part of a new management team Member Smith asked why Golden who are trying to resolve this issue. on this' new process until the this process represents a new product line and the process cannot be stopped as the company's livelihood must be protected. Valley Microwave Foods could not cease operations equipment was installed. Mr. Bley responded that product which has taken a portion of the company's Member Paulus said she had a concern that an objectionable odor like this would be a real financial hardship on homeowners who may want to market their houses in that neighborhood during this timeframe. everyone wants to enjoy the outdoors. City's investment in the golf course which could be affected. Also, spring will soon be here when In addition, Member Paulus mentioned the Mayor Richards asked what recourse the City might have if the proposed equipment did not solve the odor problem and suggested that Golden Valley Microwave Foods then consider ceasing operation of this process. He asked Golden Valley Microwave Foods to come back at the December 5, 1994, Council meeting with possible alternatives if the equipment does not adequately control the odor. . REPORT PRESENTED ON PROPOSED 4-WAY STOP - IITERSECTION OF ST. JOHNS AVIZIPUE/UEST WOODLAND ROAD Council have discussed STOP signs along St. Johns Avenue several times over the past several years. In June and July, 1994, staff recommended against the installation of signage due to lack of warrant and inconsistency with Edina Residential STOP Sign Policy and the Multiway STOP Sign Policy. the recommendation were: Traffic Safety Coordinator Swanson reported that staff and the Facts leading to St. Johns Avenue is a very low volume residential street (less than 150 vehicles/day). The 85 percentile speed on St. Johns Avenue is between 21-25 MPH which is lower than the typical residential street. One accident was reported in a three-year search period - June, 1994 at W. Woodland Road. (June, 1994 at W. Woodland Road.) Streets crossing St. Johns Avenue have low volumes (300-500 vehicles/day) which are well within residential street categories of under 1000 vehicles/day. W. Woodland Road carries up to 550 vehicles daily during school year. During summer months as many as 200 less on a daily basis. The 85 percentile speed on W. Woodland Road is in the lower 30 MPH range which is more typical of a collector than a residential street. In a 48-hour period, three of 670 vehicles were noted driving over 40 MPH. Due to angular nature of the intersection, sightlines are not normal or conventional. "Clear view" violations do not exist and visibility is present. Stopping St. Johns Avenue at W. Woodland Road would effectively make W. Woodland a through street between Wooddale Avenue and Concord Avenue. School busses from the northeastern portion of Edina traveling to and from Concord/Southview use W. Woodland Road. the intent they use W. 58th Street (collector street). . Recommend removal of busses with Given these facts in light of the Residential and Multiway STOP sign policies, staff would stay with its position of July, 1994 and would not recommend the installation of signs. Public Comment Barb Hodne, 4532 Tower Street, and Lisa Finsness, 4536 Tower Street, asked the Council to vote in favor of the 4-way STOP at the intersection of St. Johns Avenue/West Woodland Road. 11/21/94 128 Ms. Hodne presented letters from Dr. Susan Davis, Principal at Concord Elementary School, and David W. Peterson, Principal at South View Middle School, in support of the proposed 4-way STOP. visibility, curve on St. Johns Avenue, closeness to schools, athletic fields, parks and the Community Center, safety for student pedestrians, and risk of vehicle accidents as reasons for controlling the intersection. Ms. Hodne emphasized that a 4-way STOP would be the only way to provide safety for both pedestrians and vehicles at the intersection and concluded by thanking the Council for hearing their concerns on this issue again. The letters cited speeds of over 30 MPH, poor I Ms. Finsness presented a letter from James A. Hamann, Edina Public Schools, which stated that the children in this area do not qualify for school bus transportation. grades six through nine walking to South View Middle School at the same time as many residents are driving to work. Also, the absence of sidewalks and the piling of snow in the winter months exacerbates the risk to walkers. Ms. Finsness urged the Council to look at more than statistics and to view this with common sense. In the morning there is a concentration of school children in George Lee, 5700 Fairfax Avenue, said this intersection is like an accident waiting to happen. slamming on brakes and blowing horns because they feel the other is in the wrong. He said he has seen vehicles coming from both streets, Mary Schuller, 4609 Tower Street, commented that this is a turnover neighborhood with many children. She pointed out that the intersection does not look like a normal intersection because drivers are confused as to who has the right of way. Jim Tucker, 4620 Tower Street, said he concurred with the comments made by the neighbors. safety of the children in the neighborhood. Member Kelly commented that she had driven the area several times and felt the residents have made a good case for the need for STOP signs at the intersection. She said it is the Council's job to protect the health, safety and welfare of the citizens. He asked the Council to look beyond the statistics and consider the Member Kelly made a motion to hold ai public hearing to consider installing a 4-Way STOP at the intersection of St. Johns Avenue and West Woodland Bcmd. Motion was seconded by Member Smith. Ms. Finsness interjected that this meeting was scheduled as a public hearing on *the issue. Swanson answered that residents on West Woodland Road and St. Johns Avenue were notified about this meeting; residents on Tower Street and contributory streets were not notified. larger area than just neighbors on West Woodland and St. Johns and that Council should not take action until the greater area had been notified. Member Kelly asked if the neighborhood was notified. Coordinator Member Kelly responded that a 4-way STOP would impact a Mayor Richards said he could not support the motion because of common sense, i.e. here we are talking about less than 300 cars per day and adopting policies to provide a semblance of orderly regulation in the City. If this intersection is made a 4-Way STOP, every intersection in Edina would qualify for a 4-Way STOP. Mayor Richards then called for vote on the motion. Ayes: Kelly, Smith Nays: Paulus, Rice, Richards Motion failed. I Member Paulus asked if there is any way the intersect,an cot 3 be changed to make it more like a normal intersection. Engineer Hoffman answered that, because of 11/21/94 129 the layout of the streets, it would be impossible to reorient the intersection to make it into a perfect square or T-intersection. support the motion because from the testimony presented the intersection is confusing to drivers and adding STOP signs would only add to that. Member Rice commented that he did not support the motion because the intersection is almost a ,disincentive by its design. and in a thirty minute period around 4:45 P.M. had observed 16 vehicles using the intersection, 11 of which were through vehicles, four went into adjacent driveways and one he sensed to be speeding somewhat. Member Rice said his impression of the intersection was (after repeated interruptions from the audience Member Rice declined further comment). She added that she did not He said he had spent time in the area TBhpFIC SAFETY STAFF REPORT PRESlCNTED Hoffman presented a report on the history of STOP signs, speed limits and staff's - understanding of enforcement. signs have resulted from the issue of speed. requests for STOP signs. from the traffic management plan in the Country Club District where the effort was to reduce the total through traffic by increasing the travel time by means of STOP signs, and not for the purpose of reducing speed. As directed by the Council, Engineer He said the majority of the requests for STOP In 1994 to date there have been 29 Staff believes a portion of those requests resulted Engineer Hoffman explained that the State Statute established maximum speed limits in Minnesota for normal driving conditions and the limits are in effect with or without posted signs. sign is a regulatory traffic control device and it must not be over used or used arbitrarily if its effectiveness is to be maintained. Minnesota law, therefore, provides for speed limits to be based on the results of an engineering and traffic investigation. Specific data is collected and evaluated during such an investigation. determined by driver reaction to many of the other factors. belief, speed limits do not generally determine the speed of traffic, but are determined by driver reaction to perceived conditions. continuous enforcement effort can coerce everyone to drive at speeds below what they consider reasonable. It is important to remember that a speed limit One of the most critical data is speed patterns because they are Contrary to popular Only an extraordinary and Considering the functions of a speed limit, it is apparent that a speed limit is. of the most use on a through street where non-local traffic can be expected, traffic volumes are high enough to make smooth traffic flow a consideration, and enforcement activity is likely. Speed limits are of little benefit on strictly local residential streets where virtually all traffic consists of local residents who drive the road daily and are familiar with conditions and where enforcement activity is infrequent at best. Another factor that discourages use of posted speed limits for local residential streets is the cost of signing which can be very high and the benefit low. Thee may be locations within the City should be reviewed for speed limit reduction. The City Council in the past has adopted resolutions to the Minnesota Department of Transportation (MNDOT) requesting speed limit reviews. Normally, a request to lower a limit below 30 MPH will not receive favorable response within a residential street area. warrant a lower regulatory limit but the normal practice is to install warning advisory speed signs in response to the basic speed law (drive at a speed safe for the conditions). A geometric condition in a specific area might The other approach of late is to change the urban residential speed limit to 25 MPH (not intended for collection or arterial streets which are usually zoned at 30 to 45 MPH). of the general method in which the enforcement must operate. The City Council may wish to discuss supporting this idea because Tolerances are 11f 21/94 1 3 Oequired' for equipment errors or misadjustments, general tolerance that most are driving at a safe limit slightly above the posted or urban speed limit. example, by posting a legal limit at 25 MPH, one can enforce at a lower MPH than one could at a posted limit of 30 MPH. As an In speaking to the City Prosecutor about'the court considerations related to a change in speed limit in residential areas in Edina, his main concern was how the change would be posted. He feels judges would be very stringent about adequate signing since 25 MPH would be lower than the statewide norm. of inadequate notice would be taken into account with a greater burden of proof placed on the City since we would be operating outside of uniform speed limits. A second concern is that the citations be written with sufficient tolerance over the posted limit to allow for the variety of challenges the defendants bring up in court. The tolerance would give the judge a margin for error when justifying guilty verdicts. Regarding enforcement, Engineer Hoffman pointed out that the City of Edina writes as many tags for speeding as other suburbs in the metropolitan area. Defendants' claims Member Smith commented that there are areas in the City where there are special circumstances or geography that do not fit into the 30 MPH category. suggested that staff look at those intersections for consideration as to lowering the speed limits in those areas. to designate certain areas for lower speed limits. He Member Rice said he felt cities should be able Engineer Hoffman observed that the issue may be whether the State of Minnesota should lower its speed limit from the existing 30 MPH. adjacent states are at 25 MPH. He noted that other Mayor Richards suggested that the Council may want to reflect on the report and formulate some judgement at a subsequent meeting as to whether or not this issue of a lower statewide speed limit should be communicated to Edina's legislators. pWI;tC HEARING HELD: DOG DECLARED POTENTIALLY DANGEROUS (5239 WEST HIGEUOOD DRIVE) Chief Bernhjelm advised Council that the Animal Control Officer has received reports of three bites on other dogs by the back lab owned by Dr. James Zavoral, 5239 West Highwood Drive. He noted that the d6g's owner has taken some preventative steps and has been cooperative in attempting to resolve this situation. declaration of Potentially Dangerous Dog. However, the owners of one of the other dogs has requested the The dog meets the definition of Potentially Dangerous Dog and this declaration would put the owner on notice that further attacks would result in a dangerous dog hearing which could result in strict penalties. The Potentially Dangerous Dog designation would carry no immediate penalties. Public Comment Dr. James Zavoral, 5239 West Highwood Drive, said his dog has never attacked another person. place for six weeks and the dog can get out no door without meeting this fence. So far the dog has not left the yard. out and the dog got away one time when he was out of town. He said he knew the owners of the dog that was bitten and felt sorry that it had happened. what his rights were regarding a declaration of Potentially Dangerous Dog. Dr. Tim Diegel, 6224 Pine Grove Road, said he would support having the black lab declared a Potentially Dangerous Dog. He referred to the documentation of the Animal Control Officer which described the three separate occasions when the black lab (Maggie) attacked two different dogs. He presented a statement describing the severity of the first attack on the Diegel's Westie. He said they have installed an invisible fence which has been in The dog had been chained before when left He asked The report 11/21/94 131 of the veterinarian stated that over 50 stitches were required to close the wound. about a black dog. meet the requirements for declaring the black lab a Potentially Dangerous Dog. Council Comment/Action Mayor Richards advised Dr. Zavoral that a finding by the Council that the dog is a potentially dangerous dog does not impose any additional restrictions on the dog or its owner. dangerous thereafter bites or attacks a persons or domestic animal, the Council could then declare the dog to be a "dangerous dog" as defined in M.S. 347.50, Subd. 2. dangerous dog a dangerous dog and such declaration would result in strict penalties. He said the attacks have affected their daughters who have had dreams Dr. Diegel said that according to state law these attacks However, if a dog which has been found to be potentially I A new hearing by the Council would be required to declare a potentially Dr. Zavoral said he understood some of the ramifications if his dog were declared a Potentially Dangerous Dog or a Dangerous Dog. He observed that there are other back labs in the neighborhood and there is a remote question of doubt that his dog was involved. Member Rice commended the neighbors for talking with each other on this matter. He stated that he felt the black lab owned by Dr. Zavoral meets the criteria (3) been found to be potentially dangerous and, after the owner has received notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals. Member Rice introduced the following resolution and moved adoption: IWCREAS, the Council of the City of Edina, Minnesota, has heretofore caused notice of hearing to be mailed pursuant to Edina City Code 300.17, Subd. 5.B and at the hearing held at the time and place specified in said notice has considered the views of all persons interested and has been fully advised of the pertinent facts; NOW, THEBEFORE, BE IT RESOLVED that this Council does hereby declare the black lab named Maggie at 5239 West Highwood Drive to be a potentially dangerous dog pursuant to Minnesota Statutes, Chapter 347. Motion was seconded by Member Smith. DECLARATION OF POTENTIALLY DANGEROUS DOG Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. ElUD COUNCIL MEETING DATE SET FOR DECEMBER 29. 1994 Motion was made by Member Rice and vas seconded by Member Smith setting December 29, 1994, at 5:OO P.H. as the Year End Council Meeting date. Motion carried on rollcall vote - four ayes. *PERW"T STREET SURFACING WITH CURB AND GUTTER REQUEST (BE- 4608 AND 4500 TAKEVIEW DRIVE) REPERBED TO EI!JGr"G FOR PROCESSING Motion vas made by Member Rice and was seconded by Member Smith to refer the petition for permanent street surfacing vith curb and gutter between 4608 and 4500 Ukeviev Drive to the Engineering Department for processing. Motion carried on rollcall vote - four ayes. REQUEST TO RECONSIDER PARTIAL RELEASE OF CONSERVATION RESTRICTION ON LOT 4. HARK DUUIST ADDITION partial release of the conservation restriction on Lot 4, Mark Dalquist Addition is before the Council because of information since the last meeting. Gilligan has advised that prior Council practice has been to not reconsider a decision unless a Council Member who voted with the prevailing side moves for the Mayor Richards stated that the request to reconsider the Attorney 11/21/94 13 Zeconsideration and this motion is approved by the Council. Member Smith made a motion to reconsider the request for partial release of the conservation restriction on Lot 4, Ifark Dalquist Addition, and that the matter be placed on the December 4, 1994, Council Agenda to set a hearing date. Motion was seconded by Member Kelly. Member Smith stated that at the meeting of November 7, 1994, just prior to the vote on this request, it was indicated that the percentage of the proposed protrusion into the conservation restriction was approximately three percent. Not having thought that through, and on further investigation by asking Mr. Clark directly, Member Smith said he learned that the hard wall release Mr. Clark was looking for was .89 percent of the entire 21,500 square feet of the conservation easement. percent of a building and on that basis he suggested that the Council review this in light of the other three undeveloped lots in the subdivision. Member Smith explained that he thought he was dealing with three Mayor Richards then called for vote on the motion. Ayes: Kelly, Rice, Smith, Richards Nays: Paulus CONCERN OF RESIDERTS be on the Council Agenda to voice a concern. present no concern was heard. Mayor Richards noted that Howard Thompson had requested to Because Mr. Thompson was not Rudy Christianson, 7500 York Avenue South, asked if consideration has been given to resurfacing Xerxes Avenue between 66th Street and 69th Street on the east side of Southdale. VACANCIES NOTED ON VARIOUS BZM BOARDS AND COlWTTEES Assistant Manager Hughes advised the Council that the Association of Metropolitan Municipalities (AMM) has announced vacancies on the Technical Advisory Committee (TAC) and the Board of Directors and that any Council Members interested in serving should let him know. CIAIHS PAID Member Smith made a motion to approve payment of the follouing claims as shown in detail 011 the Check Register dated Hovember 17, 1994, and consisting of 29 pages: General Fund $280,088.99; Commrmication $1,518.65; Uorking Capital $5,610.05; Art Center $4,683.95; snlmming Pool $863.27; Golf Course $27,429.39; Ice Arena $4,579.18; Gun Range $102.77; Edinborough/Centennial Iakes $16,063.58; Utility Fund $18,899.13; Storm Sewer $1,912.18; Lipr Fund $66,166.20; Construction Fund $370,977.41; TOTAL $798,894.75; and for confirmation of payment of the following claims as shoun on detail on the Check Register dated November 11, 1994, and consisting of 7 pages: General Fund $101,618.60; and Liquor Fund $229,993.43; TOTAL $331,612.03. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. There being no further business on the Council Agenda, Mayor Richards declared the meeting adjourned at 8:40 P.M. %& 721.. u City Clerk